The UK’s High Cout of Justice on Tuesday ruled that recent amendments to protest laws enacted by the Secretary of State were unlawful. The court’s judgment comes as a result of a legal challenge to the amendments brought by the National Council of Civil Liberties.

The court scrutinised the legality of the Secretary of State’s regulations, which effectively lowered the threshold for police intervention in public processions and assemblies.

Liberty’s challenge comprised four grounds: (1) the Secretary of State acted outside the powers granted by Parliament, (2) contending the regulations undermined previous Parliamentary decisions, (3) the regulations were unjustified and contravened Parliament’s will, and (4) the consultation for the regulations process was inadequate.

The court upheld grounds one and four but dismissed grounds two and three. It also permitted the Secretary of State to appeal the decision.

Liberty commented on the ruling saying, “We said we would [defend democracy] … AND WE’VE WON our case against Government anti-protest laws that completely ignored the will of Parliament”. They further hailed the verdict as “a victory for democracy,” saying it “sets down an important marker that the Government cannot just do what it wants.” Liberty’s Director, Akiko Hart said of the ruling,  “This judgment sends a clear message that accountability matters, and that those in power must make decisions that respect our rights.”

The Public Order Act 1986, which was changed in the summer of 2023 by then Home Secretary Suella Braverman, gave police new powers to intervene in public assemblies that may result in “serious disruption to the life of the community,” but the court held that the definition of “serious disruption” remains undefined and that such powers were being used to curb civil liberties restricting the right to protest.

The Police, Crime, Sentencing and Courts Act 2022 authorised the Secretary of State to clarify this term via secondary legislation, a power known as a “Henry VIII power.” In 2023, the Government exercised this power to redefine “serious disruption” as a disruption that is “more than minor,” following the rejection of similar amendments by the House of Lords in primary legislation.